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Flashcards in Remedies Deck (11)
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Anglia Television v Reed

expectation/reliance loss

1

AG v Blake

Restitutionary damages for breach of contract e.g. advance payment for goods which fail to be delivered

2

Vesta v Butcher

Contributory negligence where liability in contract is the same as in tort

3

Farley v Skinner

If a major or important object of the contract is to give pleasure or enjoyment then can recover for non-pecuniary loss

4

Hadley v Baxendale
Restated in The Heron II

Remoteness - too remote a consequence of the breach
1. Loss arising naturally
2. Loss contemplated

5

Chaplin v Hicks

Quantification is for the courts except for s51 of the SOGA and speculation will not prevent them being awarded

6

Brace v Calder

Mitigation - reasonable steps

7

Pneumatic Tyre Co v New Garage
Interfoto

Liquidated damages - i.e. a fixed price on breach

Penalty - not a genuine pre-estimate of the loss but a threat - invalid

8

Patel v Ali

Specific performance will only be given where it will not incur hardship

9

Hill v Parsons

Injunction - usually refused on the same grounds of specific performance

10

Whittington v Seale-Hayne

Rescission - where the parties are put in the place which they would have been in had they not made the contract -
will be barred if the contract is affirmed, it is no longer possible to rescind or if third party rights have been acquired